Reese v. Pennsylvania R.
Supreme Court of Pennsylvania
APPEAL BY DEPENDANT PROM THE COURT OP COMMON PLEAS NO. 2 OP ALLEGHENY COUNTY. No. 250 October Term 1889, Sup. Ct.; court below, No. 127 January Term 1889, C. P. No. 2. On October 31,1888, L. B. D. Reese brought trespass against the Pennsylvania Railroad Company to recover damages for the alleged unlawful ejecting of the plaintiff from a passenger train of the defendant. Issue.
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APPEAL BY DEPENDANT PROM THE COURT OP COMMON PLEAS NO. 2 OP ALLEGHENY COUNTY. No. 250 October Term 1889, Sup. Ct.; court below, No. 127 January Term 1889, C. P. No. 2. On October 31,1888, L. B. D. Reese brought trespass against the Pennsylvania Railroad Company to recover damages for the alleged unlawful ejecting of the plaintiff from a passenger train of the defendant. Issue. At the trial on September 17,1889, the following facts were shown: About eleven o’clock on the evening of October 24, 1888, the plaintiff, in company with two friends, boarded a passenger train of the defendant company…
1Opinion of the Court
Opinion,
Mr. Justice Mitchell:
The right of railroad companies to make reasonable regulations, not only as to the amounts of fares, but as to the time, place, and mode of payment, is unquestionable. This right includes the right to refuse altogether to carry without the previous procurement of a ticket: Lake Shore etc. Ry. Co. v. Greenwood, 79 Pa. 373. That case arose upon a special regulation as to the carriage of passengers upon freight trains; but there is no appreciable distinction between it and a general regulation as to all passengers. Both rest on the common law principle that requires…
2Cases cited9 opinions
- Chicago, Burlington & Quincy Railroad v. ParksIllinois Supreme Court · 1857
- Crocker v. New London, Willimantic & Palmer RailroadSupreme Court of Connecticut · 1855
- Swan v. Manchester & Lawrence RailroadMassachusetts Supreme Judicial Court · 1882
- Stephen v. SmithSupreme Court of Vermont · 1857
- DuLaurans v. First Division of the St. Paul & Pacific RailroadSupreme Court of Minnesota · 1870
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- Knoxville Traction Co. v. WilkersonTennessee Supreme Court · 1906
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- Robb v. Railway Co.Superior Court of Pennsylvania · 1900
- United States v. MyattDistrict Court, E.D. North Carolina · 1920